Devlet Sırlarına Karşı Suçlar ve Casusluk Suçları

Abstract

In this study, crimes against state secrets and espionage crimes included in the Turkish Penal Code No. 5237 are discussed. In the first part of our study, confidentiality, secret, the subject of confidential information, security concepts and the confidentiality of intelligence information, scientific information, private life or personal data, investigation and economic information of the state as the subject of confidential information are discussed. In this section, the concept of transparency and its development, transparency in public administration, and finally the concept of security as the subject of confidential information and its history are discussed. In the second part of our study, the concept of state secret and the historical process of the emergence of the concept are discussed, the method of gaining the identity of state secret to confidential information, secret categories, and restriction of fundamental rights and freedoms on the grounds of state secret. Also, in this section, the concept of state secret is examined in terms of the right to information, the right to privacy, the rule of law, and the right to a fair trial. In chapter 3, the legislation other than TCK, which includes the concept of state secret, is mentioned. Some of these provisions deal with the concept of secret as a limitation of fundamental rights and freedoms or processes in criminal procedure, while others are considered as trade secret, professional secret, banking secret. In the next section, the situation in comparative law in terms of state secret, constitutional dimension, the right to information, and the protection of personal data are tried to be detailed fro/m different perspectives. The crimes that constitute the subject of the study in chapters 5 and 6; protected legal value, its elements, special appearance forms of the crime, investigation, prosecution, sanction and statute of limitations. In the last part, crimes against state secrets and crimes of espionage are examined from the perspective of the Law No. 2937 on the State Intelligence Services and National Intelligence Organization.